Common use of Accuracy of Information Clause in Contracts

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this Section; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 12 contracts

Sources: Credit Agreement (AtriCure, Inc.), Credit Agreement (SMG Industries Inc.), Credit Agreement (iPower Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 7 contracts

Sources: Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Nerdwallet, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 5 contracts

Sources: Credit Agreement (A.S.V., LLC), Credit Agreement (A.S.V., LLC), Credit Agreement (Dril-Quip Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.14; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 5 contracts

Sources: Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 5 contracts

Sources: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Meet Group, Inc.), Credit Agreement (MeetMe, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 4 contracts

Sources: Credit Agreement (Resolute Holdings Management, Inc.), Credit Agreement (Franklin Covey Co), Credit Agreement (Axon Enterprise, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, misleading and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 4 contracts

Sources: Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in writing in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.13; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 4 contracts

Sources: Credit Agreement (Winnebago Industries Inc), Credit Agreement (Winnebago Industries Inc), Credit Agreement (Winnebago Industries Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 3 contracts

Sources: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.), Credit Agreement (Global Brass & Copper Holdings, Inc.), Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the timetime made or delivered.

Appears in 3 contracts

Sources: Credit Agreement (Opko Health, Inc.), Credit Agreement (Opko Health, Inc.), Credit Agreement (Opko Health, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties Borrower will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 3 contracts

Sources: Credit Agreement (Mam Software Group, Inc.), Credit Agreement (Arotech Corp), Credit Agreement (Mam Software Group, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 3 contracts

Sources: Credit Agreement (GLOBAL INDUSTRIAL Co), Credit Agreement (GLOBAL INDUSTRIAL Co), Credit Agreement (Systemax Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties Borrower will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 3 contracts

Sources: Credit Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (Gulf Island Fabrication Inc), Credit Agreement (Photomedex Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 2 contracts

Sources: Credit Agreement (Frank's International N.V.), Credit Agreement (Acorda Therapeutics Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall will be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 2 contracts

Sources: Credit Agreement (Francesca's Holdings CORP), Term Loan Credit Agreement (Francesca's Holdings CORP)

Accuracy of Information. The Loan Parties will ensure that any written information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Paycom Software, Inc.), Term Credit Agreement (Paycom Software, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.10; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 2 contracts

Sources: Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this Section; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Myriad Genetics Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Par Technology Corp)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material Material misstatement of fact or omits to state any material Material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, that with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (CRH Medical Corp)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationany projections furnished to Lender, the Loan Parties Borrowers will only ensure that cause such information was projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Scotts Liquid Gold Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial information, the Loan Parties will represent only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the timetime delivered and, if such projected financial information was delivered prior to the Effective Date, as of the Effective Date.

Appears in 1 contract

Sources: Credit Agreement (Nine Energy Service, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 6.17; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Asset Based Revolving Credit Agreement (C&J Energy Services, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationprojections, the Loan Parties will only ensure that cause such information was projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Lapeyre James M Jr)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Forecasts, the Loan Parties will only ensure that such information was cause the Forecasts to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (JOINT Corp)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers each Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Kaleido Biosciences, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.10; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Escalade Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in writing in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Company on the date thereof as to the matters specified in this SectionSection 5.13; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Loan Agreement (Winnebago Industries Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationprojections, the Loan Parties will only ensure that cause such information was projections to be· prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Lapeyre James M Jr)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material Material misstatement of fact or omits to state any material Material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers BorrowerBorrowers on the date thereof as to the matters specified in this SectionSection 5.09; provided that, that with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (CRH Medical Corp)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 8.17; provided that, with respect to projected financial informationprojections, the Loan Parties Borrower will only ensure that cause such information was projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Gulf Island Fabrication Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or and the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties Borrower will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Piper Sandler Companies)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall will be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this Section; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Allbirds, Inc.)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in writing in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.13; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.100

Appears in 1 contract

Sources: Credit Agreement (Winnebago Industries Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in writing in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers on the date thereof as to the matters specified in this SectionSection 5.13 ; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Winnebago Industries Inc)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.09; provided that, with respect to projected financial informationthe Projections, the Loan Parties Borrower will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (WaterBridge Infrastructure LLC)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.14; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.. 75

Appears in 1 contract

Sources: Credit Agreement (Potbelly Corp)

Accuracy of Information. The Loan Parties will ensure that any anySECTION 5.14. information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.14; provided that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time. PPP Debt.

Appears in 1 contract

Sources: Credit Agreement (Potbelly Corp)

Accuracy of Information. The Loan Parties will ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders Lender in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Borrower on the date thereof as to the matters specified in this SectionSection 5.12; provided that, with respect to projected financial information, the Loan Parties will only ensure that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (IntraLinks Holdings, Inc.)

Accuracy of Information. The Loan Parties will shall ensure that any information, including financial statements or other documents, furnished to the Administrative Agent or the Lenders in connection with this Agreement or any other Loan Document or any amendment or modification hereof or thereof or waiver hereunder or thereunder contains no material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the furnishing of such information shall be deemed to be a representation and warranty by the Borrowers Loan Parties on the date thereof as to the matters specified in this SectionSection 6.09; provided provided, that, with respect to projected financial informationthe Projections, the Loan Parties will only ensure that such information was shall cause the Projections to be prepared in good faith based upon assumptions believed to be reasonable at the time.

Appears in 1 contract

Sources: Credit Agreement (Meet Group, Inc.)